Slashdot Mirror


Universal Sends DMCA Takedown On 1980 Report

An anonymous reader writes "For many, many years, every time some new technology has come along, the music industry has insisted that it's going to "kill" the industry. The player piano was supposed to kill live music. So was the radio. And, of course, every time this happens the press is willing to take the industry's word at face value. In 1980, the news program 20/20 posted a report all about how "home taping is killing music," with various recording industry execs insisting the industry was on its last legs unless something was done. Someone posted that 20/20 episode to YouTube a few years back, where it sat in obscurity until people noticed it a couple weeks ago. And suddenly, Universal Music issued a takedown notice for the show. Universal Music does not own 20/20, and there were only brief clips of music in the show. It appears the only reason for Universal to issue the takedown is that it doesn't want you seeing how badly it overreacted in the past."

189 comments

  1. Or maybe by MrEricSir · · Score: 2, Insightful

    ...there's no "cover up" here at all, and the big media companies send takedown notices to just about every video on YouTube.

    --
    There's no -1 for "I don't get it."
    1. Re:Or maybe by ubergeek65536 · · Score: 3, Funny

      The script for the cease-and-desist letter is part of the submit button

    2. Re:Or maybe by enderjsv · · Score: 4, Insightful

      Or maybe sending take down notices to ALL videos on youtube is just a way to cover up the ones they REALLY want to take down.

      We're through the looking glass, people.

    3. Re:Or maybe by marcello_dl · · Score: 2, Interesting

      Except rick astley's stuff.
      Seriously, media companies are very interested in web trend so it's likely they noticed the video when it got popular. Since they also sue people for unreasonable amount of money I think they are perfectly capable of using DMCA takedown to avoid eggs in the face.

      --
      ---- MISSING MISCELLANEOUS DATA SEGMENT --- [sigdash] trolololol
    4. Re:Or maybe by enderjsv · · Score: 4, Insightful

      Only it won't work. I just learned about the Streisand effect from the recent article about officer Bubble, and I already have a situation in which to apply it. That's convenient.

    5. Re:Or maybe by dattaway · · Score: 1

      Know why they call it a "submit" button? Because it cc'd the recording industry.

    6. Re:Or maybe by Blue+Stone · · Score: 0

      There's no 'cover up' because there's no truth the the summary's statement that " In 1980, the news program 20/20 posted a report all about how "home taping is killing music," with various recording industry execs insisting the industry was on its last legs unless something was done."

      I watched the video and it does no such thing. It mentions home taping once and mentions that sales had 'levelled' but the substance of the programme is the new development of video and music, specifically laser discs, and the music industy's hopes that this would allow them to gain ever greater profits.

      This is a bogus /. story. I wish I could say it was the first. Utterly misleading and a waste of your time, dear reader.

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
    7. Re:Or maybe by Anonymous Coward · · Score: 3, Informative

      There's no 'cover up' because there's no truth the the summary's statement that " In 1980, the news program 20/20 posted a report all about how "home taping is killing music," with various recording industry execs insisting the industry was on its last legs unless something was done."

      I watched the video and it does no such thing. It mentions home taping once and mentions that sales had 'levelled' but the substance of the programme is the new development of video and music, specifically laser discs, and the music industy's hopes that this would allow them to gain ever greater profits.

      This is a bogus /. story. I wish I could say it was the first. Utterly misleading and a waste of your time, dear reader.

      RTA?

      The video posted in the article is the 'first half' of the 20/20 piece. The second half was no longer available when the author went to view it a second time.

    8. Re:Or maybe by HermMunster · · Score: 4, Insightful

      The video that was DMCA'd down was the 2nd half of a 20/20 news segment about the issues befalling the music industry back in the 1980s.

      There's enough time between the "failure of the music industry's disdain for the player piano and the radio" as to make points on both sides moot.

      But, a DMCA notice to take down something that occurred in the 80s which pinpoints the exact same reasoning we have today for the alleged destruction of the music industry is telling. This segment wasn't even owned by the music industry, it was owned by 20/20 the news magazine. The content within clearly falls within the fair use doctrine, which, should be considered the default rather than the exception--meaning we should make them prove that it isn't fair use before they can prevail with a DMCA or in court, rather than the way it is now where fair use has to prove itself.

      --
      You can lead a man with reason but you can't make him think.
    9. Re:Or maybe by Anonymous Coward · · Score: 0, Flamebait

      I watched the video and it does no such thing.

      You clueless fuck. The video in question has been removed. It's not rocket science to figure that out, buddy.

    10. Re:Or maybe by md65536 · · Score: 2, Interesting

      Only it won't work. I just learned about the Streisand effect from the recent article about officer Bubble, and I already have a situation in which to apply it. That's convenient.

      Yeah, I was thinking about that too, except I now think that the Streisand effect is not that effective.

      If you say "the recording industry doesn't want you to see this this video" or "Officer bubbles will arrest you for assaulting him with a viewing of this video", then there are a certain type of people who will seek out the video. These people are probably the type who like to form opinions for themselves, and are probably also the type who don't mindlessly follow the authority claimed by big business or abusive government organizations. Those willing to risk being sued for a million dollars for making Officer bubbles feel foolish for acting like a ridiculous crybaby bully, probably already believe that police sometimes abuse their authority. Those who want to see the recording industry expose their lies and deception probably already know that the record company people are shadyyyy.

      I believe that something like this (Officer bubbles or 20/20) is of interest to this type of person... slashdot people... knowledge and understanding seekers. Then occasionally it gains enough attention that it becomes a meme, and others... facebook people... those interested in what's popular... they will catch on. They will pay attention because others are.

      I believe it's the second group of people that groups like RIAA fear, because they can be swayed easily by a message, and stuff like Officer bubbles and 20/20 are "uncontrolled messages," that may have an undesirable effect on an organization's brand management.

      And I don't mean to say that individuals can be separated into one group or the other, but rather that as a collective, groups of people can act like flocks of sheep. I think it's the flocks that steer the recording industry or the police. The Streisand effect affects individuals, not flocks.

    11. Re:Or maybe by davester666 · · Score: 2, Funny

      They had to do this, as it was totally killing DVD sales of the report.

      --
      Sleep your way to a whiter smile...date a dentist!
    12. Re:Or maybe by Herby+Sagues · · Score: 2, Informative

      What's more important, a short time after the interview, the music industry got what they wanted in order "to survive": they got a tax on all recordable media that woudl cover presumed piracy. So they could credibly say that what they say in the video was completely true, that they would have died if they didn't tax everyone that bought a tape (even if it was to record their own voice). Instead of taking down the video they should use it to say that, since that tax saved the industry before, a tax on Internet access and storage devices would save it again. But those dumbasses don't know how to steal even if they have been doing it for decades.

    13. Re:Or maybe by Anonymous Coward · · Score: 0

      DMCA allows anyone and everyone to send a DMCA takedown notice on anything and everything.

      - They've neatly put the effort of verification on the ISPs or companies serving content, and "for their convenience" they've added into DMCA that it's ok to take the content down as soon as the takedown notice is posted, no matter how erroneous.
      - also they've added that the person sharing the content can send a counter to the ISP, but "for their convenience", they don't have to repost it if they don't want to, even though the original takedown notice was wrong..

      1) So the company which posts the takedown notice just has to post the takedown notice, and doesn't have to prove anything, so they can technically post takedown on everything.
      2) the content provider has to automatically take down the content, if it doesn't, the burden of proof lies with them, and who wants that? Better take it down automatically.
      3) the poster of content has to send a legal document countering the takedown notice, we've shifted the burden of proof again.
      4) So the content provider has gotten the coutner, does he have to repost it? No, no he doesn't.

      Isn't the DMCA lovely?

      I'd love to see mass DMCA notices on the content the big companies care about, it's a shame nomral people don't have lawyers on their payroll with nothing better to do.

    14. Re:Or maybe by rvw · · Score: 1

      The script for the cease-and-desist letter is part of the submit button

      The "submit" button, what's in a word?

      Definition: comply, endure

      Synonyms:

      abide, accede, acknowledge, acquiesce, agree, appease, be submissive, bend, bow, buckle, capitulate, cave, cede, concede, defer, eat crow, fold, give away, give ground, give in, give way, go with the flow, grin and bear it, humor, indulge, knuckle, knuckle under, kowtow, lay down arms, obey, put up with, quit, relent, relinquish, resign oneself, say uncle, stoop, succumb, surrender, throw in the towel, toe the line, tolerate, truckle, withstand, yield

      In other languages the button is labeled "send", which seems much more appropriate.

    15. Re:Or maybe by HyperQuantum · · Score: 1

      I just learned about the Streisand effect from the recent article about officer Bubble

      There's now even a video about the Streisand effect: http://www.youtube.com/watch?v=uu_zwdmz0hE

      --
      I am not really here right now.
    16. Re:Or maybe by marcello_dl · · Score: 1

      This very slashdot article is proof of the streisand effect working. But I basically agree that such effect is far from automatic. I have my small share of interesting ideas i posted that were removed and effectively lost.

      --
      ---- MISSING MISCELLANEOUS DATA SEGMENT --- [sigdash] trolololol
    17. Re:Or maybe by flyneye · · Score: 3, Interesting

      My interesting idea is to go ahead and share music, never paying a cent until the music industry is very actually teats up.
      Musicians will once again be able to make a living playing music. Give it away and charge for performance. It really is the only realistic way for music to even work. Give it away and charge for performance. Music will thrive with actual musicians rather than office flunkies controlling it.
      Yes, kill the industry completely f**king dead. We don't need them, never have, and would've ALWAYS been better off without them.

      --
      *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
    18. Re:Or maybe by GameboyRMH · · Score: 1

      Mod parent Insightful - he's been hit by the pro-culture-theft cabal.

      I agree with parent's post 100%.

      Most of my favorite artists are doing just this anyways. They give away the music and make money through performances, DRM-free music sales, and other merchandise. They put their music and videos on Youtube, in full, on purpose.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
  2. In other news... by DemonicMember · · Score: 0

    I changed my underwear today. Seriously this isn't news, this is happening everyday to lots of people from lots of companies

    1. Re:In other news... by c0lo · · Score: 3, Insightful

      Seriously this isn't news, this is happening everyday to lots of people from lots of companies

      The fact that somebody else shits my underwear while I'm not looking is interesting to me.
      The fact that you keep changing your underwear and chose to not care who shits in it is is, indeed, of little relevance to me.

      --
      Questions raise, answers kill. Raise questions to stay alive.
    2. Re:In other news... by gandhi_2 · · Score: 1

      Humorous analogy parse error.
      Too much humor at line 3, near somebody else shits my.

    3. Re:In other news... by c0lo · · Score: 1
      Let me explain, then.
      I think I have the right to see news report, and this right is as strong as the right to wear my underwear clean.
      I consider the takedown notice from Universal (who is not the owner of the copyright) as breaching my right and very similar with shitting my underwear while I'm not looking. Therefore, the post on /. is a signal to me that "Maybe somebody is shitting your underwear?"

      Clearer now why I consider this fragment of news worthy to be posted on /., in disagreement with the OP?

      --
      Questions raise, answers kill. Raise questions to stay alive.
    4. Re:In other news... by clampolo · · Score: 2, Funny

      It's only funny until it happens to you

    5. Re:In other news... by gandhi_2 · · Score: 1

      crystal.

      I get it, but your chosen analogy was too awesome.

      see also: mad props.

    6. Re:In other news... by shermo · · Score: 2, Funny

      This would make more sense if you put the missing N back on the end of your username.

      --
      Insanity: voting in the same two parties over and over again and expecting different results
    7. Re:In other news... by c0lo · · Score: 1

      I get it, but your chosen analogy was too awesome.

      Thank you for the compliment, but it is not me to take the merit for the analogy. The OP made it, by commoditizing her/his rights and selling them cheap for the potential bit of excitement brought in by fresh news.

      I think that what OP fails to understand is that, unlike underwear, one doesn't have enough rights to trade them cheap and, when one loses a right, is not as easy to regain it as it is to wash the underwear.

      --
      Questions raise, answers kill. Raise questions to stay alive.
    8. Re:In other news... by c0lo · · Score: 1

      My sincere opinion on your contribution to /. above: -1 Flamebite
      (I admit my current post as being irrelevant/redundant as well, but FYI the second char of my nick is a 'zero').
      Have a nice day.

      --
      Questions raise, answers kill. Raise questions to stay alive.
  3. so far so good by bhcompy · · Score: 1

    Looks like YT hasn't taken it down yet, so that bodes well I guess.

    1. Re:so far so good by mysidia · · Score: 2, Informative

      I assume 2020 Report on music video 1980 - Part 2 of 2 must be what they wanted to take down.

    2. Re:so far so good by severoon · · Score: 1

      omg omg omg ... this is the most awesome summary in a long time. +1umg-hypocrisy +1funny +1umg-getting-theirs... To properly note all the +1's here would require a sigma and an index variable.

      --
      but have you considered the following argument: shut up.
    3. Re:so far so good by Anonymous Coward · · Score: 0

      Try the second half.

  4. ++good by retech · · Score: 3, Funny

    double plus good say I.

    1. Re:++good by Wilson+of+Waste · · Score: 1

      Wouldn't that be good+1? Like a counter...

    2. Re:++good by retech · · Score: 1

      try reading Orwell's "1984", it will vastly improve your understanding of this world.

    3. Re:++good by Anonymous Coward · · Score: 5, Funny

      Wouldn't that be good+1? Like a counter...

      no, ++good increments the value of good, _before_ you miss the joke

    4. Re:++good by Samantha+Wright · · Score: 1

      You win.

      --
      Bio questions? Ask me to start a Q&A journal. Computer analogies available for most topics!
    5. Re:++good by Anonymous Coward · · Score: 0

      20/20 unbellyfeels MiniArts.

  5. Malware warning? by Anonymous Coward · · Score: 0

    Does anyone else get a malware warning from Chrome when visiting the link to techdirt.com?

    1. Re:Malware warning? by DevConcepts · · Score: 1

      Nope

    2. Re:Malware warning? by RebootKid · · Score: 1

      Confirmed. I get the same warning. I suspect one of his advertisers went rogue

    3. Re:Malware warning? by HermMunster · · Score: 1

      Absolutely not. Techdirt.com is a long standing news entity which critiques the dirt of our digital industry.

      --
      You can lead a man with reason but you can't make him think.
    4. Re:Malware warning? by cynyr · · Score: 1

      No warning here either, never have gotten one in the last 2 years, nor do i expect to from them any time soon.

      --
      All of the above was encrypted with a Quad ROT-13 method. Unauthorized decryption is in violation of the DMCA.
  6. People send takedown notices almost randomly by Anonymous Coward · · Score: 5, Interesting

    I noticed a bunch of home-filmed performances of amateur pianists playing various Mozart stuff had been taken down, because some random publishing company claimed ownership, just to plaster them with ads -- and the company gets the ad revenue.

    Anybody with a brain would realize that the work is hundreds of years old, and the performance in question is owned by the poster (the guy sitting at the piano), but apparently forcing your ads onto other peoples youtube vids in this manner has become a trendy revenue stream for cocksuckers. Almost as trendy as the sucking of the cock in the first place.

    1. Re:People send takedown notices almost randomly by Anonymous Coward · · Score: 1, Funny

      And on porn sites you get ads about cock-sucking when viewing cock-sucking videos.

    2. Re:People send takedown notices almost randomly by DigiShaman · · Score: 2, Insightful

      What do you bet they use a program to scour the net with the Shazam engine (or something like it), detect the music content, and automatically generate a form based takedown notice. All without ever needing a first person review.

      --
      Life is not for the lazy.
    3. Re:People send takedown notices almost randomly by HermMunster · · Score: 5, Interesting

      Those Mozart pieces of music are in the public domain. If someone performs a musical piece from that era that works then automatically becomes copyrighted--only that performance and not the actual work that it was based on.

      There are penalties for false DMCA claims but no one goes after the abusers. This should have been established up front and tremendous penalties should be levied against those making false claims. The impact of a false claim has a much larger impact than some individual violating copyrighted materials, IMHO.

      The purpose of the monopoly ownership of these types of works of art was to encourage creativity. They were granted monopoly over these works for a limited time knowing it would be put into the public domain afterwards.

      Back then the content creator's claim were that if they didn't have monopoly rights and all things went to the public domain there'd be no reason to create. So, the government, in an effort to ensure everything went to the public domain to help ensure culture survived, granted them this right, not the other way round.

      --
      You can lead a man with reason but you can't make him think.
    4. Re:People send takedown notices almost randomly by Trepidity · · Score: 3, Funny

      This sounds quite interesting. Is there a way I can randomly claim ownership of YouTube videos, and derive revenues from their viewers? Or do you have to be someone special to get in on that?

    5. Re:People send takedown notices almost randomly by Mashiki · · Score: 3, Informative

      That doesn't stop them from trying to rape you with licensing fees if they think there's any connection to the sheet music. If one industry pisses me off more then the music industry, it's the sheet music industry.

      --
      Om, nomnomnom...
    6. Re:People send takedown notices almost randomly by Wordplay · · Score: 4, Informative

      The original compositions are in the public domain. Simplified adaptations for amateur piano are derivative works that probably are not.

    7. Re:People send takedown notices almost randomly by Anonymous Coward · · Score: 1, Insightful

      Mostly because copyright owners are in fact Cock-Sucking Assholes.

      I gave up on "being legit" yearsa go when they started this shit when they shoved their hands up the asses of metallica and proved to the world that they were the shittiest band ever.

      I now ONLY steal music. I record from radio, I record from Sattelite radio. I record from last FM. I download files. I SHARE THEM WITH FRIENDS.

      If I make a overpaid duchebag musician poor, I'm a happy guy. Make music, get paid performing. Fuck off and die if you think you deserve to make $90,000+ a year because you are an "artist"....

    8. Re:People send takedown notices almost randomly by rtb61 · · Score: 4, Informative

      Well it is high time to start aggressively campaigning for an amendment to the DMCA setting out substantive penalties for false claims with significant payments to the party who were defamed and who had their constitutional rights to free speech infringed.

      There has been a lot of complaints about abuses of the DMCA but as yet seemingly little action to force an amendment for false claims.

      --
      Chaos - everything, everywhere, everywhen
    9. Re:People send takedown notices almost randomly by Lehk228 · · Score: 2, Interesting

      easy penalty, loss of the right to utilize the DMCA takedown mechanism, and addition to a registry of banned entities. any person who uses the DMCA takedown when banned from doing so is subject to up to 366 days in prison. the persons considered responsible would be both the chief officer of the responsible corporation and the cheif officer of any majority stakeholders, recursively. so no shenanigans with forming shell corporations to file DMCA takedowns.

      --
      Snowden and Manning are heroes.
    10. Re:People send takedown notices almost randomly by jedidiah · · Score: 1

      Are you kidding? Mozart probably scribbled alternate arrangements to his stuff on the dinner napkins.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    11. Re:People send takedown notices almost randomly by arivanov · · Score: 1

      If it was just the dinner napkins... Watch Amadeus...

      --
      Baker's Law: Misery no longer loves company. Nowadays it insists on it
      http://www.sigsegv.cx/
    12. Re:People send takedown notices almost randomly by Anonymous Coward · · Score: 1, Informative

      The original compositions are in the public domain. Simplified adaptations for amateur piano are derivative works that probably are not.

      Back then sheet music was not standardized, so pretty much any rendition of classical works is technically a derivative work, adaptation, etc.

      But you are especially correct with regards to piano music- most of the modern piano solo pieces labeled as Mozart, etc. were at least a chamber orchestra if not a full symphony. In addition, during Mozart's time the "standard" piano was only 5 octaves, not the eight of the modern versions of the instrument, so even works that were written as a piano solo have been modified. The point being, almost ANY time you see someone performing a solo piano piece of a Classic work it is almost certainly an interpretation or derivative work.

    13. Re:People send takedown notices almost randomly by forkazoo · · Score: 1

      Well it is high time to start aggressively campaigning for an amendment to the DMCA setting out substantive penalties for false claims with significant payments to the party who were defamed and who had their constitutional rights to free speech infringed.

      There are penalties. Nobody enforces them. Adding more text to the law won't help if nobody cares what it says now. It's just one of many examples of how the concept of teh rule of law has become fundamentally broken. It's a symptom of a much more serious issue than just needing a new paragraph in a bad law. It's an indicator of a desperate need for broad, immediate, systemic reforms in the USA that go far beyond IP law.

    14. Re:People send takedown notices almost randomly by rtb61 · · Score: 1

      Changes to the law are exactly for that, to make it more accessible, to eliminate flaws, to remove misinterpretations, to ensure the law follows the idea of justice. In this case the resolution for an unfair take down notice needs to be simplified to a stated penalty, say minimum of $10,000 dollars per act (plus legal costs) considering both the defamation and freedom of speech aspect, When it is clearly laid out pursuit or remedial action is simplified and readily achieved (going for the minimum, of course going for more than that is still complex).

      Now you might say $10,000.00 might not be enough to tame a billion dollar industry but they don't tend to do it once but thousands of times and adding those three zeros on $10,000.00 really starts to hurt and quite a few people would be quite happy to pick up that cheque for somebody else's arrogance. Net result, no point making a false claims, people will fight it to pick up $10,000.00, plus legal costs and what ever you tried to block re-appears.

      --
      Chaos - everything, everywhere, everywhen
    15. Re:People send takedown notices almost randomly by Solandri · · Score: 1

      The original compositions are in the public domain. Simplified adaptations for amateur piano are derivative works that probably are not.

      That argument only holds up if people were taking the derivative works (cleaned up published musical score) and posting it online. The moment they play the piece, the recording of the performance is a derivative work of a derivative work, and thus gains a new copyright owned by the person who played it. That's why you can't post a video of Michael Jackson's Thriller, but it's OK for a prison to post a video of their inmates re-creating Thriller. The new work has added sufficient creative changes to the original to gain a new copyright.

      Publishers of sheet music exploited this aspect of copyright for decades. Whenever their copyright on a musical score was about to expire, they would change the type-setting (use slightly different fonts, style of notes, etc) and republish. The changes were deemed creative enough to warrant a new copyright. For them to turn around and claim someone actually playing the public domain score, adding all the creativity which comes with interpretation and expression, doesn't get a new copyright is disingenuous at best.

    16. Re:People send takedown notices almost randomly by Solandri · · Score: 1

      There are penalties for false DMCA claims but no one goes after the abusers. This should have been established up front and tremendous penalties should be levied against those making false claims. The impact of a false claim has a much larger impact than some individual violating copyrighted materials, IMHO.

      There are penalties for false DMCA claims. But unlike the rest of the DMCA which enumerates copious numbers of fines and jail time for different types of copyright infringement, the penalties for false DMCA claims is extraordinarily terse. So terse that I can quote it in full here:

      Section 512(f) of the DMCA:

      (f) Misrepresentations. - Any person who knowingly materially misrepresents under this section --
      (1) that material or activity is infringing, or
      (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

      So basically, your liability for filing a false DMCA takedown notice is limited to paying the other guys' attorney fees, and any damages they suffered. If it's a video that wasn't posted in order to make money (such as this one, whose purpose was educational), then the damages suffered are zero. That section of the law really needs to be beefed up with penalties proportionate to those for knowingly infringing.

    17. Re:People send takedown notices almost randomly by sac13 · · Score: 1

      Anybody with a brain would realize that the work is hundreds of years old, and the performance in question is owned by the poster (the guy sitting at the piano)...

      IANAL, but I do believe that anyone can record their own version of any work, regardless of when it was written, if the piece has been recorded and released by someone already. There are considerations for publishing royalties to the song writers, but as far as I know, once something has been released, a "cover" can be produced without anyone's consent required.

    18. Re:People send takedown notices almost randomly by HermMunster · · Score: 1

      That's why I put IMHO at the end of the sentence.

      And, yes, serious penalties should be levied.

      I think of a scenario where I post something, it receives a DMCA. I tell the ISP that it was fraudulently claimed as copyrighted material. The ISP fails to put it up. I hire a lawyer and tell him to get it put back up. The lawyer then begins racking up charges. I then take them to court out of principle. We win. They pay a good sum to the lawyer.

      That's pretty pathetic. Since there's little loss to anyone to make a false claim then maybe we should all be issuing DMCAs--that might stop some of the patent trolls--meaning I'm sure some people could be pretty creative.

      --
      You can lead a man with reason but you can't make him think.
  7. Youtube link by Anonymous Coward · · Score: 5, Informative

    The actual program in question:

    http://www.youtube.com/watch?v=7Vz7Z42Fl9s

    1. Re:Youtube link by boarder8925 · · Score: 5, Informative

      As of 19:37 Eastern Time, part two is still down, at least in the U.S.

    2. Re:Youtube link by sockman · · Score: 1

      We're no strangers to suites
      We make the rules, they let us lie
      Massive fees are what we wet-dream of
      You wouldn't take this, even from Jobs!
      I just wanna see you in court
      Gotta steal your every dime
      Never gonna let it up
      Always gonna request takedown
      We use the runaround
      To HURT you

    3. Re:Youtube link by Anonymous Coward · · Score: 0

      Mod parrent down.. this is NOT the program in question.
      The one linked to is about how music videos are going to all change the industry and be the next big selling thing... not exactly what OP posted :-P

    4. Re:Youtube link by HermMunster · · Score: 1

      The first part is not the part in question. It is the second part.

      --
      You can lead a man with reason but you can't make him think.
    5. Re:Youtube link by RichardDeVries · · Score: 2, Informative

      It's available in The Netherlands. I don't know if it has been down here. v=E9KRtuEttIQ

      --
      Error 001
      Security Scan and Virus Detection do not work with your operating system.
    6. Re:Youtube link by Jesus_666 · · Score: 2, Informative

      Both parts are down in Germany. "This video contains content form UMG. It is unavailable in your country."

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    7. Re:Youtube link by Anonymous Coward · · Score: 0

      god that was boring, I say let them take it down.

    8. Re:Youtube link by RichardDeVries · · Score: 1

      I tried mirroring it, but Youtube tells me the video is 'blocked in some countries'. Not that it would be of much interest, as there's hardly anything said about hometaping killing music.

      It seems to me this video was blocked due to some automated process that recognized footage of Meatloaf or Kiss.

      --
      Error 001
      Security Scan and Virus Detection do not work with your operating system.
    9. Re:Youtube link by Anonymous Coward · · Score: 0

      We're no strangers to suites

      Did you mean suits (as in "the man") or 'suits (as in lawsuits)? I am pretty sure you didn't mean suites though (pronounced "sweets") - most of us can't afford a suite in an expensive hotel.

    10. Re:Youtube link by LordKronos · · Score: 1

      I watched that, and I saw the second part from the mirror that boarder8925 posted down below (the combined 17 minute video). There was nothing in there about taping killing the recording industry, other than a few second blurb where they listed home taping as one of 4 reasons for slumping sales. Other reasons listed were counterfeiting, availability of free music on radio, and failure of artists to deliver major records on a regular basis. The entire rest of the video is all about pinning their hopes on the video disc (with a very brief mention that they are working on preventing it from being copied). That's it. Nothing else about home taping in there.

    11. Re:Youtube link by cyclomedia · · Score: 1

      "counterfeiting, radio, artists not delivering on time"

      How about the fact that the product is so crap no one's willing to pay for it?

      --
      If you don't risk failure you don't risk success.
  8. Has anything really changed? by Stregano · · Score: 5, Insightful

    There is always something that is putting the music industry on its "last leg". As technology advances, they just continue bitching and it obviously has not stopped today. I do not think the music industry is hurting too bad. Have you seen an episode of MTV cribs lately where they have musicians on there? The musicians don't seem like they are very poor (except for Redman, but nobody can predict Redman, that guy is crazy).

    When you have an indoor pool and an outdoor pool, I highly doubt you are hurting from money. If the musicians are getting enough money to afford that, just think of how much is going to the company seeing as the musician only takes a small cut of what the industry makes (that is, of course the musician gets endorsements from Nike and Wheaties and stuff).

    Seriously, after mp3's and torrents have faded out and the new technology has come into play, the music industry will bitch and moan again about how they are, again, on their last leg, but then we get to see the newest episode of MTV Cribs where artists show off their new Benz and Ferraris

    --
    The world is how you make it
    1. Re:Has anything really changed? by Wocka_Wocka · · Score: 1, Funny

      Have you seen an episode of MTV cribs lately where they have musicians on there?

      To be quite honest, I haven't seen any musicians on that show.

    2. Re:Has anything really changed? by KingAlanI · · Score: 1

      "Don't take away money from artists just like me
      How else can I afford another solid gold Hum-Vee
      And diamond-studded swimming pools
      These things don't grow on trees
      So all I ask is, "Everybody, please...""

      Weird Al, Don't Download This Song. Great parody of overreaction from RIAA and anti-P2P artists (other lyrics sarcastically reference Lars Ulrich). [I suggest MC Lars' "Download This Song" for a somewhat more serious musical take on the matter]

      Nevertheless, I still like some of the products themselves, so I still buy. Hence my signature. (I like a lot of non-major stuff too)

      --
      I listen to both RIAA and non-RIAA stuff if I like the music, tangential business/politics nonwithstanding.
    3. Re:Has anything really changed? by magus_melchior · · Score: 1

      Yeah, but the MTV "Lookit my swank mansion, yo" is for those artists that happened to be able to afford that stuff-- in other words, they're damned lucky they got their toys given that the label will demand at least an album a year and $X00,000 in sales, plus whatever they feel like as "recouping costs". If their next album flops, guess what? They're SOL. Why do the big labels all demand this model? Because they had superstars in the past that demanded 5-7% of record sales and made millions of dollars. I don't know if that scene in the biopic Ray was accurate, but I can assure you that if he did demand a 7% cut, ABC made damned sure they didn't do it for any subsequent artist. It isn't that they wanted the big stars' millions, it's that they wanted control of the entire pile of cash.

      And the sad thing is, most musicians who make the fatal mistake nowadays of signing onto a major label never make it big on the stage or in the recordings market, so they're indebted to their labels with little hope of seeing financial sanity ever again. Maybe instead of blaming "Internet piracy" for their troubles, they should rethink their contracts?

      --
      "We are Microsoft. You shall be assimilated. Competition is futile."
  9. Lenz v. Universal by tepples · · Score: 3, Informative

    Or maybe sending take down notices to ALL videos on youtube is just a way to cover up the ones they REALLY want to take down.

    That wouldn't be the best strategy for Universal Music. It has previously been hit with a lawsuit in the Northern District of California, Lenz v. Universal , in which Judge Fogel held that OCILLA requires a copyright owner to make a fair use analysis in good faith before submitting a notice and that Universal may not have made such an analysis.

    1. Re:Lenz v. Universal by fuzzyfuzzyfungus · · Score: 1

      Conveniently, Universal adopted a clever scheme to dodge that by not being the copyright owner... (which, of course, should make them even more culpable; but somehow that little bit of symmetry seems to be missing in practice)

    2. Re:Lenz v. Universal by Thinboy00 · · Score: 1

      Then whoever wrote that DMCA claim is guilty of perjury, or else it isn't a valid (properly written) claim.

      --
      $ make available
    3. Re:Lenz v. Universal by Anonymous Coward · · Score: 1, Interesting

      Then whoever wrote that DMCA claim is guilty of perjury, or else it isn't a valid (properly written) claim.

      What if the 60 minutes segment - which is, after all, about music videos - contains incidental audio from the videos? ("Dear Google. The CBS show '60 Minutes' infringed on our music by including it in a news report 30 years ago. A third party has since uploaded CBS's infringing content to your website. As owners of the little snippet of music at time index xx:yy, we demand that you pull this content."

      Sorta like how you can't get the "WKRP in Cincinnati" TV show in its originally-aired form because the sitcom, which was set in a radio station, included scenes with DJs playing music ... and the rightsholder of the TV show couldn't get the rights to resell the show with the original samples.

    4. Re:Lenz v. Universal by tepples · · Score: 1

      A third party has since uploaded CBS's infringing content to your website.

      But unless Universal has made an analysis as to whether the uploader's reuse of Universal's works within the context of the segment from the news-magazine show is fair or infringing, a notice under OCILLA is a misrepresentation.

  10. Go and download it by vivin · · Score: 2, Insightful

    Go to keepvid.com and download a copy of that video. If YouTube does take it down, we can always post it again (on another note, I can't seem to find part 2).

    The Internet Never Forgets.

    Also, Universal Music are douchebags, but what's new? The douchebaggery and the lies are so obvious that it's not even worth going into it.

    --
    Vivin Suresh Paliath
    http://vivin.net

    I like
    1. Re:Go and download it by tepples · · Score: 1

      Also, Universal Music are douchebags

      Say I'm a recording artist, and I want to vote with my dollars against Universal Music, but I don't want my audience limited to just geeks with smartphones. What label with FM radio clout that isn't evil do you recommend?

    2. Re:Go and download it by Stregano · · Score: 2, Informative

      Epitaph

      --
      The world is how you make it
    3. Re:Go and download it by vivin · · Score: 1

      Independent radio stations?

      --
      Vivin Suresh Paliath
      http://vivin.net

      I like
    4. Re:Go and download it by MoonBuggy · · Score: 2, Interesting

      Specifying FM radio clout is somewhat unfair, as that mentality is tied into the idea that the style of marketing performed by the big labels is the only valid style of marketing. If you believe that, then you're pretty much tied to Universal or someone of their ilk - if you're lucky you'll get very rich with their help, and I certainly see the appeal of that, but signing one of those contracts is a major gamble. Depending on your connections and your style of music, that gamble may or may not have the best odds for you; sure, you'll be stuck playing by the rules of those asshats for a while even if it does pay off, but to be honest I'd probably take those terms myself if I thought they were going to throw enough resources my way to make me a major seller.

      The other option, also a gamble, is to promote yourself and/or employ a good PR firm. Viral videos (the kind people actually like to watch - think OK Go; although they may have had a major label behind them, the idea doesn't require one), gigs in the right places, low-cost high-volume sales on iTunes, and the right kind of image could be plenty to earn you the notoriety that leads to a very decent living. The maximum win probably isn't as high as that which you might get with the major labels, but the freedom is greater and the chance of some success, rather than either tens of millions or abject failure, may well be higher.

    5. Re:Go and download it by Anonymous Coward · · Score: 0

      Also, Universal Music are douchebags

      Say I'm a recording artist, and I want to vote with my dollars against Universal Music, [...] What label with FM radio clout that isn't evil do you recommend?

      Death Row. Well, they're Evil, but they're the good kind of evil. (note the caps)

      But in all seriousness, your post illustrates a good point- The music industry has done an even better job of convincing artists that they are the only way to fame and fortune than they have selling consumers on the idea they're the only ones producing worthwhile music. And despite all of this they can stand in front of Congress and still keep a straight face saying they aren't a monopoly and aren't using monopolistic trade practices.

      but I don't want my audience limited to just geeks with smartphones.

      That stereotype might have been true even 5 years ago, but it's barely true today and will be laughable in a few more years. Almost every kid on the planet has a smartphone these days, in fact it's not the geeks with the smartphones, if you're "cool" you must have a smartphone. In my "day" our first instinct was to turn on the radio and rush to the store for the latest cassette or CD, make a mix tape and pass it around with your friends. These days the kids fire up Pandora, head to iTunes or Amazon, and MMS or SMS the mp3's between themselves. My point being that in a decade hardcopy recording will certainly still be around, but they will be a specialty item for us Geezers to mumble about through our oatmeal.

    6. Re:Go and download it by tepples · · Score: 1

      These days the kids fire up Pandora

      If they can get one. There's a waiting list for the second batch before the first batch is even fully manufactured.

      My point being that in a decade hardcopy recording will certainly still be around, but they will be a specialty item for us Geezers to mumble about through our oatmeal.

      Likewise, some genres of music are more popular with (relative) geezers than with teens and college students.

    7. Re:Go and download it by lxs · · Score: 1

      I think GP was talking about that music streaming service that isn't available in most of Europe.

    8. Re:Go and download it by Anonymous Coward · · Score: 0

      (on another note, I can't seem to find part 2).

      Thats because part 2 is the video in question. The summary doesn't make it clear, but only part 2 was DMCA'd. It's already long gone.

  11. Funny. by Grapplebeam · · Score: 1

    They always complain about "hurting the little guy" for whatever reason, but they hate the little guy, whether it's a new artist or a smaller publishing company. I just didn't know they had always been that way. I guess their dogma won't change until they go the way of newspapers.

    --
    There is no -1 Disagree.
  12. Pretty obvious by countSudoku() · · Score: 1

    The music industry, like the musicians who make it up, are a bunch of lazy douchebags who wish to get paid for plunking some strings and getting all funky and such, but mostly sitting on their collective asses doing next to nothing until time to record some new caterwauling. I used to want to be in a band and wish to get paid for nothing, then I grew up and got a real job. Let's be frank; you're batshit lucky if you every got paid to make music. For every good band, there are a million shitty ones all trying to get a recording deal. The world needs ditch diggers too, and playing drums and/or guitars builds upper body strength. So, come on you long-haired douchebags, pick up a shovel and get to fucking work!!1! Metallica must be rolling over in their graves!
    And now the prayer scene from National Lampoon's Vacation; "O God, ease our suffering in this, our moment of great dispair. Yea, admit this kind and decent woman into thy arms of thine heavenly area, up there. And Moab, he lay us upon the band of the Canaanites, and yea, though the Hindus speak of karma, I implore you: give her a break."

    --
    This is the NSA, we're gonna geet U h@x0r5! Also, what is a h@x0r5?
    1. Re:Pretty obvious by GMThomas · · Score: 1

      And what about the musicians who strive to make an artistic vision and say "Fuck you!" to any aspects of commercialism, such as getting paid for their work?

      --
      You are now manually breathing.
    2. Re:Pretty obvious by Joce640k · · Score: 1

      They eventually grow up, too (unless they've got daddy's fortune to waste on being a bum...)

      --
      No sig today...
  13. Penalty for frivolous takedown notice? by L3370 · · Score: 1

    Why isn't there a penalty for this? There should be--and it should be equivalent to the inflated valuations they give their own content...( 25k per downloaded song, movie, etc...)

  14. In other news... by Infonaut · · Score: 4, Funny

    ... the Carriers Of Milk In Cities (COMIC) today lashed out at refrigerator manufacturers and cardboard container manufacturers for "killing the milk industry".

    Ferb Nordquist, the head of COMIC said in a statement that was hand carried to every major news outlet, "We, the milk carriers, bring milk to the masses. Without us, there would be no milk. The refrigerator and cardboard manufacturers are putting a stake in the heart of the milk industry. This is really the beginning of the end for milk."

    No cows were available for comment.

    --
    Read the EFF's Fair Use FAQ
  15. Improper Takedown? by Courageous · · Score: 4, Informative

    It is perjury (a criminal act) to issue a DMCA takedown request when the requester is not the rights holder or their designated agent.

    So what content are they saying they are a rights holder/agent of?

    C//

    1. Re:Improper Takedown? by PCM2 · · Score: 1

      So what content are they saying they are a rights holder/agent of?

      I'm guessing it's the music in the show, even if it's only "short clips."

      There have been plenty of instances where movies are held up from home video release because of rights disputes over the music in the film. The animated film Heavy Metal could only be seen on cable TV for many years for that reason. The film Bad Lieutenant cannot be seen in its original version on DVD because a Schooly D song in the movie sampled music without licensing it. Schooly got sued and the filmmakers were forced to pull the song from all video releases, present and future. This stuff happens all the time.

      Simply put, neither YouTube or the poster have licensed the music in question.

      --
      Breakfast served all day!
    2. Re:Improper Takedown? by lymond01 · · Score: 1

      Someone needs to clarify "fair use". Someone with a big baseball bat.

    3. Re:Improper Takedown? by Anonymous Coward · · Score: 3, Informative

      It is perjury (a criminal act) to issue a DMCA takedown request when the requester is not the rights holder or their designated agent.

      No. It's perjury if you respond to the request by saying falsely that you have the right to distribute it, but it's not perjury to issue a DMCA takedown request under false pretenses. The law was written this way for a reason. (Probably a few million reasons, on small pieces of paper.)

      (IANAL, of course.)

    4. Re:Improper Takedown? by Karunamon · · Score: 0, Insightful

      Um... yes it is. Go look at any DMCA request form online (even YouTube's). You have to attest, under penalty of perjury, that you own or hold rights to the work that you're reporting as infringing. The only reason that Universal and the other MafiAA jagoffs can get away with this is because countersuing is long and expensive.

    5. Re:Improper Takedown? by mattack2 · · Score: 2, Interesting

      I think you already know this, but to clarify for others: Even when the shows/movies DO license the music, the license was often only for the original medium. That's why many shows (e.g. WKRP, 21 Jump Street) have messed up music on the DVD releases.

      My favorite counter-example: The last episode of "The Prisoner", which has a Beatles song in it. At the time, they got a perpetual license, that has AFAIK covered home video, DVD, streaming, etc., usage too.

    6. Re:Improper Takedown? by gknoy · · Score: 1

      To knowingly do so. How do you prove that they knew it was fraudulent?

    7. Re:Improper Takedown? by Lumpy · · Score: 1

      Laws only apply to the poor.

      Honestly, are you new to this country? the MPAA and RIAA as well as other rich groups regularly violate laws daily without recourse. This is how America works.

      Laws are for putting the trouble making poor in Jail. They have no other use.

      --
      Do not look at laser with remaining good eye.
    8. Re:Improper Takedown? by Lehk228 · · Score: 1

      they took the time to prepare the court documents.

      that would cover them if, for example, Major band X ripped off Indie band Y, then Major Label Z sent a takedown to indie band Y because they own the rights to major ban X's music, but X actually stole Y's song.

      --
      Snowden and Manning are heroes.
    9. Re:Improper Takedown? by JesseMcDonald · · Score: 5, Informative

      You have to attest, under penalty of perjury, that you own or hold rights to the work that you're reporting as infringing.

      That's not quite true, although the difference is subtle:

      US Code, Chapter 5, Title 17, Section 512(c):

      (3) ELEMENTS OF NOTIFICATION-

      (A) To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:

      (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

      (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

      (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

      (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

      (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

      (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

      Note that the only part of the notice actually subject to penalty of perjury is "a statement .. that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed" (emphasis added). They can ask for material to be taken down which is not related in the slightest to the exclusive privilege they are claiming it infringes without committing perjury under the rules established here. Of course, there may be other consequences for filing false takedown notices.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    10. Re:Improper Takedown? by compro01 · · Score: 1

      Nope. It's perjury to to issue a takedown request if you don't own copyright on the work you're alleging is being infringed, not on anything related to the allegedly infringing material.

      In this case, it would only be perjury if they didn't own copyright on the songs.

      They can legally issue a takedown notice for any arbitrary work they hold copyright on, regardless of whether that work appears in any form in the work they're wanting taken down.

      Starting to see why the DMCA is a really insane law?

      --
      upon the advice of my lawyer, i have no sig at this time
    11. Re:Improper Takedown? by c-reus · · Score: 1

      Universal has way more lawyers than any single person that uploads stuff to Youtube. So even if someone were to point out that the DMCA request was illegal, Universal could just sue that someone and keep them tied up in courts for a decade. The way I see it, that makes them think they can do whatever they please with zero repercussions if they happen to be wrong.

    12. Re:Improper Takedown? by PCM2 · · Score: 2, Interesting

      My favorite counter-example: The last episode of "The Prisoner", which has a Beatles song in it. At the time, they got a perpetual license, that has AFAIK covered home video, DVD, streaming, etc., usage too.

      British dramas seem to have benefited from a lot more leniency in this area. The theme song to "The Hitchhiker's Guide to the Galaxy" is an old Eagles song, for example, and I've seen "real" pop music showing up in all kinds of shows. I've always wondered whether their copyright laws/licenses are worded differently than those in the U.S.

      --
      Breakfast served all day!
    13. Re:Improper Takedown? by PCM2 · · Score: 1

      In Schooly D's case, those would be Jimmy Page's legs you'd be breaking.

      --
      Breakfast served all day!
    14. Re:Improper Takedown? by qubezz · · Score: 1

      That's why you need to find a local DA to charge the RIAA lawyer that sent the takedown with perjury. Then issue a warrant if they don't appear. DAs are too busy getting plea deals from the poor with inept court appointed attorneys though. A better example case would be if the takedown was served on a video that was actually posted to youtube by the real copyright owner...

    15. Re:Improper Takedown? by mattack2 · · Score: 1

      I presume you mean 'old' shows, since 'real' pop music shows up in a lot of U.S. shows too, but I was pointing out the difference between original broadcast and release via other media. (I would have expected the release of British shows to have to have re-licensing issues in the U.S., but maybe the licenses are always world-wide.)

      In fact, it seems to me like a huge number of hour long shows nowadays are being used as marketing vehicles for new songs by the music companies owned by the networks/production companies. (I don't really mean that negatively or positively.)

    16. Re:Improper Takedown? by Courageous · · Score: 1

      It is OBVIOUS, given the nature of US derivative works, that any specific work could be derivative of another and requires no further elaboration. Of COURSE a rights holder could be a holder of rights upstream, in essence the work from which the offending work is derivative. Anything else would be silly-stupid. Imagine I made a derivative work of Lord of the Rings, registered the copyright, and then published it online. It would be strange indeed that the Tolkien Foundation could not object to the publication. That was part of my question: "so what content are they saying they are the rights holder/agent of"?

      C//

  16. Artist's web site by Anonymous Coward · · Score: 0

    Maybe this already exists, and if it does I would like to know about it. What about a site where you can download music, and the artist directly gets the proceeds from the sale? We download from Amazon right now, and my assumption is there are more than one "middle man" skimming from my 99 cents. A site such as this would allow artists to get paid more for their work and begin crippling superfluous organizations such as the RIAA, etc...

    Thoughts?

    1. Re:Artist's web site by icebraining · · Score: 1

      Music Forte provides 100% of digital music sales to the artist. There is not a split imposed. Music Forte does not participate in ad-sharing either. Artists are required to have a minimum of $20 before receiving payment. However, money is accrued without any loss regardless of how long it takes to meet the minimum requirement.

      http://www.musicforte.com/

      Don't know how exactly they make money.

  17. More damning than that by rudy_wayne · · Score: 5, Interesting

    I recently came across an old copy of Modern Recording magazine from early 1981. There is an article about how cassette decks are evil and home taping is hurting the record industry and the RIAA commissioned a study that that they hoped to take to congress as proof that new laws were need.

    But a funny thing happened. The report was shelved when it revealed that people who owned home recording equipment spent 75% more money buying music than people who didn't own an evil cassette deck.

    1. Re:More damning than that by Ichijo · · Score: 1

      ...people who owned home recording equipment spent 75% more money buying music than people who didn't own an evil cassette deck.

      That makes sense. What good is a cassette deck if not to make copies of music for your friends?

      --
      Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
    2. Re:More damning than that by KingAlanI · · Score: 1

      Sometimes I've bought stuff (whether CDs or legal downloads) in part so that I could copy it for others. :)

      --
      I listen to both RIAA and non-RIAA stuff if I like the music, tangential business/politics nonwithstanding.
    3. Re:More damning than that by Anonymous Coward · · Score: 0

      at least RIAA didn't lobby congress to require everyone buy a cassette deck.

  18. If only we had Video and Youtube in 1910 by l0ungeb0y · · Score: 3, Interesting

    Then you'd see first hand from the late Mortimer I. Luddite III with his frantic pleas to stop those infernal horseless carriages from destroying his buggy-whip business he made just days before being struck down and killed by a Model T going a whopping 10 miles an hour through the town square.
    Innovation and progress is only good so long as the established powers that be profit by it.

    1. Re:If only we had Video and Youtube in 1910 by Anonymous Coward · · Score: 0

      ... the established powers that be profit by it.

      As opposed to unestablished powers that be, or to established powers that aren't?

  19. hmm by nomadic · · Score: 1

    The player piano was supposed to kill live music

    Live music used to be all around; families and friends would gather in the living room and listen; saloons and restaurants would have pianists in the corner. After the player piano, hardly anyplace has that.

    1. Re:hmm by thestudio_bob · · Score: 1

      Live music used to be all around; families and friends would gather in the living room and listen; saloons and restaurants would have pianists in the corner. After the player piano, hardly anyplace has that.

      Your joking, right? Ever hear of this thing called Radio?

      --
      The real Sig captains the Northwestern. This one captains /.
    2. Re:hmm by wierd_w · · Score: 4, Informative

      Radio is canned music. You cant ask the radio disc jockey to change the key, because you are a baritone instead of a tenor.

      That is what OP meant by "Live" music. That it is played live, by a living person, for you, in real time. And yes, the player piano did a grand job of putting corner store pianists out of business. By the same token, the tractor put many farm hands out of business. Technology does that. It reduces the amount of labor invested, and makes things easier; the downside is that it also puts people out of work in the process-- the people that did the jobs the technology replaced. Computers put whole accounting firms under, or at least resulted in huge reductions in the numbers of humans working for those firms.

      The tired "Buggy whip" trope used on /. is very apt here.

    3. Re:hmm by Lumpy · · Score: 1

      The little musicians in my radio suck lately. They have lost all talent and play the same crap over and over and over...

      --
      Do not look at laser with remaining good eye.
    4. Re:hmm by hokeyru · · Score: 1

      The player piano predates radio broadcasting by a few decades.

      And you misspelled "you're".

    5. Re:hmm by xclr8r · · Score: 2, Informative

      I invite you to come visit Austin or Denton where the live music scene in restaurants is well and alive

      --
      Beware of those who profit off the docile and persecute the unbelievers.
    6. Re:hmm by Anonymous Coward · · Score: 0

      I would be horribly tired just at the thought of making a living from whipping buggies

    7. Re:hmm by Capt.DrumkenBum · · Score: 2, Funny

      The little musicians in my radio suck lately. They have lost all talent and play the same crap over and over and over...

      I suggest this 3 part plan: 1. Buy a new radio.
      2. Drop old radio into a lake or river while the new radio watches.
      3. Explain to the new radio that if it's musicians lose all talent and play the same crap over and over the same thing will happen to it.

      --
      If I were God, wouldn't I protect my churches from acts of me?
    8. Re:hmm by Anonymous Coward · · Score: 0

      On the other hand, someone had to design and build all those player pianos, tractors, and all the programs for the computers. All in all there probably are, or were, more people involved in those activities then in those that the technology replaced. Unfortunate for those who could not or would not move on but more fortunate for those who did.

      "Technology does that."

  20. The E in EMI by tepples · · Score: 1

    Wikipedia's article about Epitaph Records claims that Epitaph is about to land a distribution deal with EMI. Is EMI noticeably less evil in this respect than Universal? Has it cleaned up its act since the "DIY not EMI" days?

    1. Re:The E in EMI by Anonymous Coward · · Score: 0
  21. The more things change... by Mr.+Underbridge · · Score: 3, Insightful

    There is always something that is putting the music industry on its "last leg". As technology advances, they just continue bitching and it obviously has not stopped today.

    And the retarded thing? Advancing technology makes them money.

    Consider the 90s, which they seem to conveniently peg as their baseline for normal. Putting their cries of poverty from today and the 80s together, they've been going out of business constantly from 1985 until now, except for the mid 90s. What happened then? The CD came out. And people replaced a helluvalot of vinyl and tapes with CDs. People did that because the product was significantly superior in nearly every way (with apologies to audiophiles who love vinyl).

    So what's different now? Well, they've been fighting digital distribution tooth and nail to combat privacy (ostensibly), preferring to stamp out piracy even if it means killing themselves. As a result they've made a lot less money than they could have, and have allowed a robust black market to blossom. That's bad for them, not just because of the lost revenue (let's concede they lose some money for the sake of argument), but they also lose control over distribution. This is completely different from their mistakes before.. Previously, people bootlegged tapes to make illegal tapes, but it was an inferior product to the legit copies, and probably made little dent in sales. Now, people can bootleg CDs to make digital copies, shifting media as well as creating a potentially superior product. The black market can now fill a market they've chosen not to compete in. Bad news for them.

    So what's the upshot? If they want to make money like in the 90s, they need to give people a reason to re-buy music. That will be very hard since the last iteration was digital and easily turned into other media - how do you improve on that? They need some way of adding actual value to the product that people bought or shared/stole. Otherwise, the level of sales growth seen now and in the 80s is the norm, and we shouldn't expect anything different.

    1. Re:The more things change... by grantek · · Score: 3, Interesting

      The cool thing is their greed is being eaten away from the other side as well - home recording, powerful computers/software, and the internet is making it easier and easier for artists to get a quality product to an audience, bypassing the "music industry" altogether - at least for recorded music.

      I don't think the **AA-type organizations have any coherent picture on what the future of media should be, other than "everyone should buy every release of the same shit over and over again".

    2. Re:The more things change... by Mr.+Underbridge · · Score: 2, Insightful

      The cool thing is their greed is being eaten away from the other side as well - home recording, powerful computers/software, and the internet is making it easier and easier for artists to get a quality product to an audience, bypassing the "music industry" altogether - at least for recorded music.

      Yup. Less and less reason for them to exist. With cheaper production and voluntarily electing not to make digital distribution work correctly, the only thing they have left is marketing. If the indie artists ever figure out some means of grabbing mindshare - if some indie online music finding service ever becomes both popular and legal - the RIAA is even more screwed.

      I don't think the **AA-type organizations have any coherent picture on what the future of media should be, other than "everyone should buy every release of the same shit over and over again".

      Oh, that's exactly it. And then they use those few good years when everybody is re-buying music as their projection going forward, and if they don't hit numbers it's those derned pirates.

    3. Re:The more things change... by El_Oscuro · · Score: 1

      if some indie online music finding service ever becomes both popular and legal - the RIAA is even more screwed. www.jamendo.com

      --
      "Be grateful for what you have. You may never know when you may lose it."
    4. Re:The more things change... by KingAlanI · · Score: 1

      The 'popular' part...maybe that's *possible*

      Also, AFAIK, it's relatively easy for indies to list their own stuff on iTunes Music Store et al. (The labels get most of the $ from that, and if you are your own label, you thus get most of the $)

      [plug for some stuff I like] Like http://itunes.apple.com/us/album/k-flay/id396174073

      --
      I listen to both RIAA and non-RIAA stuff if I like the music, tangential business/politics nonwithstanding.
    5. Re:The more things change... by Anonymous Coward · · Score: 0

      the fuck? CDs came out in 1978!

    6. Re:The more things change... by Anonymous Coward · · Score: 0

      the fuck? CDs came out in 1978!

      Yes, and it took about 10-15 years for prices on players to come down to what Joe Average could afford to spend on an extra one for the kids, for there to be a large enough catalogue (and especially BACK catalogue) available in the format, etc., before CDs truly displaced vinyl.

      You were saying...?

    7. Re:The more things change... by IICV · · Score: 2, Insightful

      So what's different now? Well, they've been fighting digital distribution tooth and nail to combat privacy (ostensibly), preferring to stamp out piracy even if it means killing themselves.

      Your rather humorous Freudian slip aside, I think this is something that is endemic to our culture.

      We are so incredibly terrified of the horrific thought of someone, somewhere, might possibly getting something they don't deserve that we spend an inordinate amount of time and effort hunting them down, and for no good (economical) reason.

      Yes, you do need some - maybe even a significant amount - of policing activities, in order to ensure that certain privileges aren't too abused. However, after a certain point (and this is a point I think we've far exceeded) the amount of policing required to ensure that one more person gets only what they are entitled to and nothing costs far more than the excess resources that person would have used. Even deterrence doesn't really matter - once it gets to the point that you can be sued for millions of dollars, who cares if you can be sued for millions + 1 dollars? Once it gets to the point where you can be put in jail for ten years, who really cares if you can be put in jail for 12?

      Basically, I think we've turned into a nation that is far too obsessed with crime and vengeance, when we should be concerned more with justice and silly things like actual, measured outcomes.

    8. Re:The more things change... by lxs · · Score: 1

      So that's why they reflect light in rainbow colours. Fabulous!

    9. Re:The more things change... by DavidTC · · Score: 1

      I volunteer at a community theater, and last weekend the town had a festival and we opened and ran public domain movies all day, five dollars to enter, you could go in and out all day.

      Originally, we were going to stamp people's hands, but that was shot down because, and I quote, 'People can lick their hand and transfer the stamp to someone else's hand'.

      Ignoring all the silliness with that idea (The stamp is backwards, the stamp is then very smeared.), at some point you have to say 'Who the hell cares if someone gets in for free? It's a five dollar ticket that costs us nothing! The show is free for us!'.

      At some point, you're spending more time and money monitoring and controlling people then they'd actually scam from you.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    10. Re:The more things change... by Archangel+Michael · · Score: 1

      Helping you make your point:

      Here's the real test. Which costs more, AC/DC Highway to Hell at Best Buy or iTunes?

      Tell me, why would you buy a title from iTunes, when you can rip DRM Free version for less at any/all bit rates you want?

      I've told my kids, who are into music, to stop buying iTunes music and find whole albums of music they like instead of one song wonders, which they can rip and share with anyone, without restriction. I tell them to buy the CDs to support the artists.

      If they want one hit wonder songs, they buy them from iTunes or preferably from the artist's website, but I tell them that isn't a real artist. ;)

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  22. Time to poorly execute a meta-joke. by icannotthinkofaname · · Score: 4, Funny

    the Streisand effect

    Well, that's just great. If you hadn't said anything, this phenomenon could have remained in relative obscurity. However, because you brought it up, now everyone's gonna know about the Streisand effect. Way to go.

    --
    Let q be a radix > 1. I am in ur base-q, killing 10 d00ds.
    1. Re:Time to poorly execute a meta-joke. by enderjsv · · Score: 4, Funny

      You're right! My mistake. Let's try to suppress it. That should work.

    2. Re:Time to poorly execute a meta-joke. by Anonymous Coward · · Score: 0

      Don't comment, just downvote him and the problem will go away

    3. Re:Time to poorly execute a meta-joke. by fishexe · · Score: 0, Redundant

      Too late.

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
    4. Re:Time to poorly execute a meta-joke. by devnul73 · · Score: 1

      META-STREISAND....

  23. Mirror? by antdude · · Score: 1

    Is there a mirror of it? It doesn't have to be on YouTube either. :P

    Hmm, this video story reminded me of Boing Boing's mention of a two parts YouTube video story (about 18.5 minutes in total; #1 (here, here, or here) and #2 (here or here) showing "60 Minutes" on video piracy from 1978.

    --
    Ant(Dude) @ Quality Foraged Links (AQFL.net) & The Ant Farm (antfarm.ma.cx / antfarm.home.dhs.org).
  24. Re:Improper Takedown? "the signifying rapper" by Anonymous Coward · · Score: 0

    I have that song on casette-- bought it used from a brick and mortar store. Great song. The movie is not the same without it.
    Perhaps I'll rip and post at some point ;)

  25. Mirrors by boarder8925 · · Score: 5, Informative
    I managed to find a copy of the second part of the video, combined the first and second parts, and put the video online again:
    1. FileFront
    2. DivShare

    Download and mirror!

    1. Re:Mirrors by Anonymous Coward · · Score: 0

      I managed to find a copy of the second part of the video, combined the first and second parts, and put the video online again:

      1. FileFront
      2. DivShare

      Download and mirror!

      it's infected. don't download. repeat: DO NOT DOWNLOAD.

    2. Re:Mirrors by jbgroup1 · · Score: 1

      Thanks!

    3. Re:Mirrors by Alex+S+from+VA · · Score: 1

      Thank you - from those in the US who are annoyed with bogus takedown notices

    4. Re:Mirrors by Strong+Arm+Coat · · Score: 1

      Have another. Or five. http://sharebee.com/172320cb

    5. Re:Mirrors by Anonymous Coward · · Score: 0

      it's infected. don't download. repeat: DO NOT DOWNLOAD.

      Infected with what?

    6. Re:Mirrors by vaporland · · Score: 1

      video played fine for me.

      --
      Ask Me About... The 80's!
    7. Re:Mirrors by Anonymous Coward · · Score: 0

      Thanks, to you and OP.

  26. How is this a copyright violation by Billly+Gates · · Score: 1

    Can someone please explain to me how a news story is copyright circumvention device? This is censorship and most courts would view this action as illegal. Posting Decss a decade ago I can see is an actual device because it can be compiled (still pushing it since its code) but this is just going to far. Sigh

    1. Re:How is this a copyright violation by equex · · Score: 1

      When all you have is a hammer, everything becomes a nail...

      --
      Can I light a sig ?
  27. If only life were only so simple. by westlake · · Score: 1

    Those Mozart pieces of music are in the public domain. If someone performs a musical piece from that era that works then automatically becomes copyrighted--only that performance and not the actual work that it was based on.

    The score you are using is probably not a facsimile in Mozart's own hand.

    If it was, you might not be able to read it correctly.

    You might not have the period instruments needed to play it correctly.

    What you are more likely to have is a scholarly edition for the professional musician or a fairly modern transcription or arrangement for the amateur - both still under copyright.

    1. Re:If only life were only so simple. by HermMunster · · Score: 1

      It's still the work whether it was written in Hebrew or Orchish/Goblin. The copyright has expired whether we can read the original or not.

      --
      You can lead a man with reason but you can't make him think.
    2. Re:If only life were only so simple. by Mathinker · · Score: 1

      I think you're missing the point of the post you reply to: he's talking about the copyright on the sheet music, and you are talking about the copyright on the musical composition itself.

      > The copyright has expired whether we can read the original or not.

      Unfortunately, the way the law works now, no matter how trivial an addition someone makes to a public domain work, he can, without penalty, claim it to be a new derivative work protected by his copyright, and threaten you with big legal guns even though he probably has no case.

      Good luck finding a postcard in an art museum gift shop, of a classic public domain painting, which doesn't claim to be under copyright of the museum!

    3. Re:If only life were only so simple. by HermMunster · · Score: 1

      No, I had it right. The picture in the postcard (in your example) of whatever object is copyrighted. This has been firmly entrenched. The actual object in the picture is not. If you take a picture of the same object then your picture is copyrighted. That's it. If I take a picture of sheet music that picture is copyrighted but not the sheet music represented in it.

      --
      You can lead a man with reason but you can't make him think.
    4. Re:If only life were only so simple. by Mathinker · · Score: 1

      > No, I had it right.

      Oh, another Slashdotter who is judge, jury, and executioner! I smell hubris!

      > The picture in the postcard (in your example) of whatever object is copyrighted.

      Er, you didn't even specify in which jurisdiction you're ruling. If it is the US, then as long as the picture is a faithful reproduction of a two-dimensional work of art, which does not allow for its creation including significant additional creative work such as composition (something which probably always is significant if the original object is largely three-dimensional, like a sculpture), than Bridgeman Art Library v. Corel Corp. probably is applicable. In which case, if the work being reproduced is in the public domain, the reproduction is also.

      Notice the weasel words. They are there because, all legal actions, to some extent, are a crapshoot.

  28. Industry falling apart or passing them by? by Anonymous Coward · · Score: 0

    Every few years the industry is falling apart only to reinvent itself. People in the industry think everything is in decline when really styles and experiences are passing them by. The industry has continually reinvented itself. There are no more supergroups of the 1960s (think Beatles or Monkeys) for example but there have been echos of that in the boy bands. So if you are still trying to make a boy band you missed the train. The new business strategy is to capitalize off of VEVO and iTunes while getting another income stream through Live Nation. If you are a music exec still counting CD sales you are a dinosaur - extinct. That being said, we are in a lull between new music genres as hip hop has matured and the next 'big new thing' for the 2010s hasn't emerged like hip hop was for the 2000s, alternative was for the 1990s, new wave was for the 1980s or disco was for the 1970s.

  29. Mirror by Anonymous Coward · · Score: 1, Informative

    Mirror:

    http://plunder.com/bfe00c693f

  30. the report has almost nothing to do with taping by crow5599 · · Score: 1

    I just watched the whole thing. It's a feature on the potential of music videos and the viability of videodiscs (large optical (?) discs containing mostly music videos). The report starts off with some worry over a slump in the music industry, and briefly mentions home taping, but that's one of the few times it's ever mentioned. The entire rest of the report talks about what these new-fangled "music videos" are, and whether videodiscs can ever take off, considering people's limited patience for watching a few minutes of video over and over and over. It's interesting in its own right, but this Slashdot story is completely misleading. If the music industry is "worried" about a few seconds (literally) of incidental hand-wringing buried in a longer report about something else entirely from 30 years ago, these people are insane.

    1. Re:the report has almost nothing to do with taping by mauriceh · · Score: 1

      You apparently watched Part 1, and not Part 2 ( yet).

      --
      Maurice W. Hilarius Voice: (778) 347-9907
  31. YES!!! by luckymutt · · Score: 1

    Lucy and Ramona and 'Sunset' Sam will take down the RIAA!!!!!!!!!!!!!

  32. The Musicians by b4upoo · · Score: 1

    The advent of the microphone and the radio really did murder the music industry. There was a time when the first item you saw when entering just about any store was sheet music. That was a dead industry due to the microphone and radio. Then the family bands vanished which limited the renewal of new musicians entering the field. The orchestra pits in theaters vanished when the film industry figured out how to record sound on film. Large dance and night club bands became a thing of the past due to the microphone.
                Lately school systems have almost abandoned school bands to restrain expenses therefore that source of musicians is now history. We also see only wealthy youngsters going to college and conservatories as the pay for musicians can not justify the cost of their education.
                And it goes further. We now have lost our instrument factories to Japan, China, Taiwan and India. The historic giants in brass instruments such as Conn, Olds and King now all belong to Steinway. Electronic alternatives to traditional instruments are also steering musicians away from brass and woodwinds. Very few people could even name one current American maker of woodwinds much less any substantial such enterprise.
                In other words the music industry is is deep, deep trouble.

  33. I wonder how 20/20 is taking this by ericvids · · Score: 3, Insightful

    As they say, hindsight is ... *gets shot*

    (Okay, the recording industry could be right... they claimed back then that "something MUST be done", but they never claimed that something "is NOT currently being done". After all, thirty years later, we now have all these stupid copyright laws...)

    --
    Pet peeve: Profane people propagating perfunctory pedantry.
  34. The REAL reason for the takedown... by Dahamma · · Score: 3, Funny

    ...was to cover up the HORRIBLE taste in clothing of all of the record execs in 1980. Just wow.

    1. Re:The REAL reason for the takedown... by elrous0 · · Score: 1

      I thought their threads were pretty rad.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
  35. Distribution,Epitaph,another suggestion by KingAlanI · · Score: 1

    A distribution deal seems like it would be less of a screwjob than a 360 or even a standard recording contract. Since a major problem with the major record labels is shitty contracts, this problem is thus alleviated.

    Another suggestion, perhaps: SideOneDummy (speaking of which, FM in a music sense could also stand for Flogging Molly, one of the biggest names on the aforementioned label.

    --
    I listen to both RIAA and non-RIAA stuff if I like the music, tangential business/politics nonwithstanding.
    1. Re:Distribution,Epitaph,another suggestion by tepples · · Score: 1

      Since a major problem with the major record labels is shitty contracts

      Unless the distributing label imposes contracts on the smaller label, which the smaller label in turn is obligated to impose on its artists.

      Your signature is apropos:

      I listen to both RIAA and non-RIAA music. Music is about music, not tangential business/politics.

      But if you start making music, you have to avoid plagiarizing existing works, even by accident. If you make a point of never listening to RIAA music, you at least have the defense that you had never heard the plaintiff's song, but given how much music makes it onto the news (like in the article) and into grocery stores' background music, that's a tall order.

    2. Re:Distribution,Epitaph,another suggestion by KingAlanI · · Score: 1

      Granted, not all distribution contracts are better than all standard contracts, but it intuitively seems like they'd be more hands-off on average. "You take care of making the stuff, deliver it to us, we take it from there" comes to mind even though not all distribution deals necessarily take that form.

      I had heard the HSF/MSL story before, but it seems like a weird corner case.
      Not to mention that I'm not really willing or able to make music anyway; what little work I have done consists of personal-project remixes/mashups with very obvious samples. Slightly non-sequitur IMHO.

      You're right in the sense that you can't avoid the 800-pound gorillas; you might as well be willing to deal with them IMHO even if you also like the smaller primates. :P

      My sig basically says that I make my decision based on what I think of particular product lines, not pro-RIAA or anti-RIAA ideology. I say something similar regarding open and closed source

      --
      I listen to both RIAA and non-RIAA stuff if I like the music, tangential business/politics nonwithstanding.
  36. What has the music industry on its "last legs"? by vaporland · · Score: 1

    Crappy product.

    --
    Ask Me About... The 80's!
  37. Technolgoy Upgrades by KingAlanI · · Score: 1

    And (some) of those people left unemployed by new technology find something else productive to do, that other stuff amounting to the true bonus of the new technology. (Well, that and there are some jobs related to the new technology itself)

    --
    I listen to both RIAA and non-RIAA stuff if I like the music, tangential business/politics nonwithstanding.
  38. hmmm by Charliemopps · · Score: 1

    Not that I want to ever agree with the recording industry or anything... but they really are dieing this time. And I'm glad.

  39. For the 2010s by KingAlanI · · Score: 0

    the next 'big new thing' for the 2010s hasn't emerged like hip hop was for the 2000s, alternative was for the 1990s, new wave was for the 1980s or disco was for the 1970s.

    For the 2010s, I nominate what I call "electro-dance-pop", pop music with a heavier slant towards electronica-ish production
    Irish Punk/Celtic Rock as a secondary trend on the indie side of things, too?

    --
    I listen to both RIAA and non-RIAA stuff if I like the music, tangential business/politics nonwithstanding.
  40. Are you sure... by Joce640k · · Score: 1

    I just watched that and it wasn't about home taping, it was about laser discs being the future of the music industry.

    --
    No sig today...
  41. Re:Improper Takedown? "the signifying rapper" by PCM2 · · Score: 1

    Please do. I've dug around for an ISO of the real film, unsuccessfully. It was released with "Signifying Rapper" intact on VHS and, I believe, laserdisc... but I don't think any DVD release has had it.

    --
    Breakfast served all day!
  42. No, that's just silly. by 91degrees · · Score: 1

    It appears the only reason for Universal to issue the takedown is that it doesn't want you seeing how badly it overreacted in the past."

    Do people really think that this was an order from the upper echelons of Universal, terrified that people may see how they overreacted? I just seem to have this image of a board meeting where the chairman says "Next on the agenda - our 1980's anti-piracy advertising is on youtube", and another board members scream "Oh my god! We must destroy it!"

  43. MegaUpload by Anonymous Coward · · Score: 0

    http://www.megaupload.com/?d=MQRB8ZZO